About this Show

Studio B With Shepard Smith

News/Business. Shepard Smith. Shepard Smith reports on the days top news stories. New. (CC)

NETWORK

DURATION
01:00:00

RATING

SCANNED IN
San Francisco, CA, USA

SOURCE
Comcast Cable

TUNER
Virtual Ch. 760 (FOX NEWS HD)

VIDEO CODEC
mpeg2video

AUDIO CODEC
ac3

PIXEL WIDTH
1280

PIXEL HEIGHT
720

TOPIC FREQUENCY

Us 7, John Kerry 6, Kerry 4, United States 4, Virginia 4, Feinstein 3, Baker 3, North Korea 3, Massachusetts 3, United Nations 3, Lunesta 3, Chicago 3, Smith 2, Superstorm Sandy 2, Pentagon 2, Louise Woodward 2, Leon Panetta 2, John 2, Aaron David Miller 2, Baghdad 2,
Borrow a DVD
of this show
  FOX News    Studio B With Shepard Smith    News/Business. Shepard Smith. Shepard Smith  
   reports on the days top news stories. New. (CC)  

    January 24, 2013
    12:00 - 12:59pm PST  

12:00pm
12:01pm
>> a lot of reaction on twitter to the new proposed gun ban by dine finestein. let me know,@megyn kelly. and her is shep smith. >> shepard: women will serve on the front lines in combat and he's lifting the nearly two decade ban on women in combat and the move is not without controversy. you might think twice before pulling out your credit card. starting this weekend, stores can start charging you extra to put it it on plastic instead of paying cash and a nanny accused of killing a one-year-old baby. coming up, what neighbors heard just before the child died, as we learn all about that nanny's now troubling past.
12:02pm
it's all ahead unless breaking news changes everything on studio b. first, from fox at three o'clock in new york city, defense secretary leon panetta announced the united states military will no longer ban women from serving on the front lines of war. and open up hundreds of thousands of fighting jobs for women service members. the decision reverses the 1994 rule that restricted women from combat roles, even though women frequently found themselves in direct combat in iran and in afghanistan. many fought and died there, in fact, those wars led to the deaths of 152 american service women. the defense secretary leon panetta today said that not everybody will become a combat soldier, but that everyone is entitled to a chance. >> i go on to bethesda to visit wounded warriors and i've gone to arlington to bury our dead, there is no distinction that's made
12:03pm
between the sacrifices of men and women in uniform. they serve the wounded and they die right next to each other. >> shepard: the chairman of the joint chiefs of staff recommended the move and the bipartisan group of lawmakers says it supports the lifting of the ban, but critics say they do have some concerns, including the republican congressman and veteran duncan hunter who released a statement saying, the question here is whether this change will actually make our military better at operating in combat and killing the enemy. jennifer griffin live at the pentagon with the news. why did military leaders say this had to happen now? >> essentially because women are already in combat. chairman of the joint chiefs, martin dempsey said he realized when he got into his armored vehicle in baghdad in 2003. >> and i slapped a gunner on
12:04pm
the wagon and she leaned down and said, i'm amanda, okay, so a female turret gunner protecting the commander and times have changed and something to do about it. and life as we know, there are no guarantees of success. not everyone is going to be able to be a combat soldier. but everyone is entitled to a chance. >> reporter: secretary panetta said that his eyes were opened when he was over at the cia and realized half of the intelligence force over there were women and he talked to the joint chiefs when he came over here to serve as defense secretary about what changes could be made, shep. >> shepard: jen, what are we hearing from women in the military? >> most have accepted this and are excited about it. what they've explained to us, this will allow them to get promoted. again, they're already doing
12:05pm
many of these jobs. we spoke to the first female fighter pilot to fly in combat and she said that those who don't think that women are physically capable of being in combat are wrong. >> the same arguments were being made back then there are being made now against, you know, this policy change that is happening in order to catch up with reality on the battle field. and i know air combat is different from ground combat, but they were making the same arguments that women did not have the endurance or the strength to be fighter pilots and i had just completed the hawaii ironman triathlon, winning the military division and beating most of the military men and they're saying i don't have the endurance to be the fighter pilot. >> reporter: one female marine garnered attention last year when she expressed concerns is the captain, and we speak to her, she served in front lines positions in afghanistan and iraq, and write in the marine corps
12:06pm
times and wrote "get over it we're not all created equal", i broke down and muscle at trophy and weight loss at a faster and more noticeable rate than fellow marines, falling during fire fights. >> no positions are actually opened to women today. the service chiefs have until may 15th to explain to defense secretary, the next defense secretary if they have any concerns and if there are any positions that should not be open to women, shepard. >> shepard: jen griffin at the pentagon. thank you. and let's bring in an iraq war veteran and illinois congresswoman now, the congresswoman lost her legs when a rocket propelled grenade hit her helicopter in 2004, and she was the first woman in combat to win national office. congresswoman, thank you. >> thank you, so good to be here. >> shepard: how do you feel about it? >> i think it's fantastic. i think that our military and our nation has always
12:07pm
benefitted when we've lifted these restrictions and allowed people to serve based on performance. >> shepard: would you mind filling our viewers in on your story? >> sure. so i actually had one of-- served in the only combat job open to women which is to be a pilot and i was co-piloting a blackhawk helicopter in baghdad during the second at fallujah, ripped through the aircraft and took off my legs most of my right arm. the pilot in command was able to land the aircraft and i was carried off the battle field. the last thing i did in iraq was tried to get a report on the condition of my men in the hospital and then they put me under and i recovered and you know, have been able to enter a life of service as an advocate for veterans. >> shepard: how much has your experience in war and in the military in general helped you with the work you do serving the public now? >> it has -- it has really
12:08pm
built me as an officer, as a person, as a leader. you know, the skills and confidence i gained in the military are the same skills and confidence i use every day here in the halls of congress. and being in the military, one of the few places in this nation the female gets the same pay for equal work. and the female gets the same way as a male lieutenant. list lifting restrictions is going to help those women who want to fight in combat positions to try out, if they make it, good for them. a lot of women who won't make it, but a lot of men can't make it either. >> shepard: you bet. and one constant i hear from critics, well, if they qualify and then change the standards and make it a little easier for women. is that a concern of yours? >> not at all. they can't change the standards. they'll have to come back to congress as they ask to keep some of the combat jobs close today women and we'll be keeping an eye on it. it needs to be performance-based. look, they've always been critics and naysayers anytime
12:09pm
the milithis. there were folks who said that african-americans did not have the mental capacity to operate complex machinery and trying to keep them from flying aircraft during world war ii and look what the tuskegee airmen were able to do. there were folks who said that the japanese americans were too small in stature to be fighters and look what the regimental combat team did in world war ii. and those who said opening up gays to the military, destroying morale. trust in their professionalism. i trust them. >> do you think when today's kids are old enough to start thinking about serving the nation they'll look up at mommies and daddyies, you mean they wouldn't let in women because they are women and not because they couldn't pass the test? >> i think sooner than later. >> thank you for your service then and now.
12:10pm
>> thank you. >> shepard: well, starting this weekend, bad news here, it could cost you more it use your credit card than it would to use cash. that's because of a huge settlement between retailers and credit card companies. it allows stores to charge you, those so-called swipe fees. in the past retailers had to pay those fees to the credit card companies. but beginning this sunday, stores will be allowed to pass the extra costs on to shoppers. up to 4% of the total purchase price. there's no guarantee that the stores will start charging the fee, but now that they can, there's a good chance you'll soon be paying more to use plastic. with us now the fox business network's gerri willis, who has been working on this, and it will be a part of her program. some of the bodegas, they charge you to swipe a dollar on the side and they're not allowed to do. >> everybody could be on the hook for doing this. what we're looking at stores
12:11pm
have to notify people on sunday if they're putting the fees into place. so you'll see a sign as you walk into your next store or bodega or whatever store if they intend to. the fees could be as high as 4%, maybe not that high, we can only hope, don't want another tax. and applies to online shoppers as well. the key you want to hear, debit and prepaid cards are exempt from this. there are questions out there whether american express users will be able to avoid this. they have special language in their contract which means they may be exempt, shep. >> shepard: and these fees are illegal in some states. >> yeah, ten states, you're lucky in you live in california, colorado, connecticut, florida, kansas, maine, massachusetts, new york, oklahoma, and texas. i just want to tell people like the rooeason it's a big deal. look i'll pay cash, what's the big deal. >> shepard: if you have cash on you. >> if you have cash on you, a, and b, credit cards have
12:12pm
protections for consumers. if you want to call up after you bought something and falls apart and you don't want to pay for it you call the credit card operator and have it expunged, you can't necessarily do that with cash and get your money back, big protections built in for people who use credit card. i'm not a fan for credit card debt, but a reason to use it sometimes and this will make it it harder and more expensive. >> starts on sunday and look at the retailer before you purchase it, don't want to pay town 4%. we've got new job numbers. >> they are good. okay, down 5,000 for the week to 330,000, beating expectations. lowest since march of 2008. you want to see fewer people filing for jobless claims. >> shepard: lots of details how and when you would pay extra to use credit cards, and gerri has been researching with her team last night and into the day and make it a focus, the willis report six o'clock eastern time. five o'clock in oxford on the fox business network, just up the dial. well, if the freezing weather
12:13pm
isn't bad enough for some of us, some people are living through it without heat or electricity. storm survivors, hurricane sandy survivors, how they're coping coming up. plus, senator john kerry, the chairman of the senate foreign relations committee, testifying to the senate foreign relations committee. it's all about his bid to be the next secretary of state. so how is that going to go? that's coming up. [ male announcer ] this is sheldo whose long day setting up the news starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.
12:14pm
12:15pm
12:16pm
fox weather alert. it's january and cold. to relief for the deep freeze across the northern u.s. and forecasters say a developing storm could add snow to the mix. temperatures, better than the last couple of days bus freezing in louisville and d.c. especially painful for families who don't have any electricity or heat after superstorm sandy slammed the northeast. volunteers have set up warming tents on staten island. >> we have some propane heaters.
12:17pm
our tent has propane heater but weather conditions like this the heater doesn't work so well. for the size of that tent. >> we reported yesterday about the massive warehouse fire that posed a real challenge too crews in chicago. everything from the equipment to the building itself covered in ice. and this morning? that fire started up again. mike tobin is in caulk. >> it is still burning and the firefighters had to get to out in the morning and bitter cold and stand up on the ladder trucks and dump more water on what has become a gigantic ice palace. one of the largest fires in recent history in chicago, it's stubborn and won't go out. and the ice is operating a new problem. it weighs a lot. the building is old, the structure is now danger of collapsing. >> just as bad to the east.
12:18pm
>> nowhere is this felt any worse than in those areas hit by superstorm sandy. you have exposed pipes bursting. you heard mention the propane heaters aren't really keeping up. you're talking about places like maine, where the high temperature is negative six. negative 40 with the wind chill. about the same in minnesota and about all of the real estate covered in between those two areas, you've get to people walking to work in the cold, swimming pools frozen over. some people with great risk their health right now. and in areas close to the attraction negotiate a little snow whipped up by the lake effect. one more point, shep. the coast guard does not get to choose the conditions on which they work, they were training on lake michigan. >> let's bring in our chief meteorologist. when is april again? >> about three months away. look at this. can you pronounce this?
12:19pm
>> no. i would just say a town. >> a town in northern quebec, 3 degrees and in fargo, it's one. minus two in fairbanks one in fargo. so cold air is here. we have two or three more days of this bitterly cold. look at these high temperatures. 10s, 20s, low 0s here. tomorrow we warm up around four or five degrees. nice warm up to 30 in chicago. the mid-to upper 20s. it gets better by around tuesday next week. a lot of people back in the 40s and 50s, shep, very briefly, with some rain. 40 degrees will feel really, really nice after these last couple of days. >> but snow between now and then. right? >> got kind of a rough situation. tonight down across parts of the south. look at what happened as we move forward. the pink is the icing and freezing rain potential we're going to see across much of tennessee and kentucky.
12:20pm
tonight and tomorrow, and a little snow. we're not talking huge snow but maybe two or three inches for places around virginia some north carolina. but the icing is the big danger. especially on the road tonight and tomorrow morning. >> thank you, rick. north korea says it will fight the united states and the united nations. the north korean's first big assault could be another nuclear bomb threat -- test. the expert says the next explosion could be a big one. we'll sprain it when we return.
12:21pm
12:22pm
12:23pm
>> 22 minutes past the hour. the north koreans are now claiming they'll carry out new nuclear tests and launch more rockets and what they're calling
12:24pm
a new phase of combat against the united states. the leader there, kim the younger'srer's defense commissin released a statement say the moves will be part of an all-out action targeting the united states which it calls, quote, the sworn enemy of the korean people. after the united nations security council passed a resolution condemning north korea's rocket launch in december. the united nations also moved to expand restrictions it has on north korea, and the white house says the dprk threats are needlessly provocative and further tests would violate un resolutions. >> good to see you, gordon. we have been talking about the north korean rhetoric for a long time. this is new. >> this is new. it's a in escalation in rhetoric. the thing that is important is we need to take their rhetoric seriously because they have used
12:25pm
violence to upset situations they found to be unacceptable and now they have the means to carry through on their threats. they fired often launcher that can reach alaska, hawai'i, and the norway part of -- northern part of california. >> and not that long before they hit memphis. >> three years. 2011, robert gates said five years before they can hit the united states. we're two uses in that and launch thing satellite into or bid, which they did last month, you can hit any spot on the earth with a little adjustment. >> what is their motivation? >> well, you know, right now they want to legitimize they're nuclear weapons program. they don't want people talking about them as if they shouldn't be a nuclear power. of court the want aid, but also inside the reridge gem, kim jong-un has been in pour for a year and needs to show his chops and basically make the united
12:26pm
states an enemy, that helps them with the generals and admirals. >> the thinking is there's another test coming up. >> and probably going to be a urainum test. the previous tests were plutonium bombs but they only have a small store of it. but uranium. they're going to mass produce uranium bombs and they're going to sell them to iran. so, this is going to be serious thing for us. >> always been a little worried we're so worried about iran getting smith doesn't have and not as worried as we should be about this rogue nation that already has it. >> right. the iranians have been on site for the north korean nuclear tests and they have sold technology the iranians. that send raid in the syrian desert that reactor, a north korean one paid for by the
12:27pm
iranians. >> thank you, the president0s nominee for secretary of state, senator john kerry, expected to get confirmed without a hitch. but today we learn where senator kerry stands on key foreign policy challenges, including iran's nuclear amibitions. salt lake, known city, known for skiing and snow in the winter, not dangerous smog. new pictures coming up as we approach the bottom of the hour and live news right here in "studio b." make it worth watcng. introducing the 2013 lexus ls. an entirely new pursuit. [ male announcer ] it's red lobster's 30 shrimp! for $11.99 pair any two shrimp selections on one plate! like mango jalapeño shrimp and parmesan crunch shrimp. just $11.99. offer ends soon! i'm ryon stewart, and i sea food diffently.
12:28pm
12:29pm
just $11.99. offer ends soon! ( bell rings ) they remwish i saw mine of my granmore often, but they live so far away. i've been thinking about moving in with my daughter and her family. it's been pretty tough since jack passed away. it's a good thing you had life insurance through the colonial penn program. you're right. it was affordable, and we were guaranteed acceptance. guaranteed acceptance? it means you can't be turned down because of your health. you don't have to take a physical or answer any health questions. they don't care about your aches and pains. well, how do you know? did you speak to alex trebek? because i have a policy myself. it costs just $9.95 a month per unit. it's perfect for my budget. my rate will never go up. and my coverage will never go down because of my age. affordable coverage and guaranteed acceptance? we should give them a call. do you want to help protect your loved ones from the burden of final expenses? if you're between 50 and 85, you can get quality insurance
12:30pm
that does not require any health questions or a medical exam. your rate of $9.95 a month per unit will never increase, and your coverage will never decrease -- that's guaranteed. so join the six million people who have already called about this insurance. whether you're getting new insurance or supplementing what you already have, call now and ask one of their representatives about a plan that meets your needs. so, what are you waiting for? go call now! we'll finish up here.
12:31pm
this is "studio b." it's the bottom of the hour. time for the top of the news. round one of confirmation hearings for the president's pick to be the next secretary of state. and so far, senator john kerry seems to be having a very easy go of it. it's likely because senator kerry is the chairman of the senate foreign relations committee, the same economy committee that is questioning him. his colleagues are expected to easily approve the nomination. he will take the place of hillary clinton. >> i was very honored when john asked me to take part in this, because john is the right choice. to carry forward the obama administration's foreign policy and i urge his immediate confirmation. >> secretary clinton's visit to the hill is likely her last and today's questioning of senator cerris downright uneventful
12:32pm
compared to the questioning of the secretary of state clinton yesterdayabout -- benghazi. we're live on capitol hill. sounds like loumakes think confirmation of the swift boated one is a done deal. >> that's right. we should expect a confirmation vote next tuesday for senator kerry if he is confirmed, which we expect he will be, he will inherit a whole lot of problems. senator marco rubio, republican of florida, had a line about foreign policy saying the key is making sure you're not trying to do more than we can, while also ensuring we are not doing less than we should. rubio rattled off the hot spots in the mideast and kerry offered the this response. >> there's a monumental transformation taking place. this this biggest upheaval in that part of the world since the ottoman empire. since it came apart.
12:33pm
it is a highly sectarian, divided, tribal part of the world. and i'm not sure that every policy has always been sensible on that. >> kerry said we'll do what we must to keep iran from getting nuclear weapons. shep? >> a really ugly problem is syria. what about that? >> senator kerry said there was a moment when the syrian regime was reaching out to the west, but the moment is gone. and then there was this exchange. >> every day that goes by in syria, it gets worse. every day that goes by it gets worse. so, there is a -- seems to me, a very strong elm tuesday -- empetus to realize our present policy is not working and consider other option.
12:34pm
>> mccain said more could be done without putting american boots on the ground. kerry essentially said there nor easy solutions to that problem. >> mike, thanks very much. let's bring in aaron david miller for some analysis, former state department advisor, vp at the wilsoner in? d.c. that is a nonpartisan organization to provide dialogue between policymakers and scholars. nice to see you. >> what will a john kerry foreign policy look like if different from this one? >> it's not a john kerry foreign policy. that's the point. this is the most withholding, controlling foreign policy president since richard nixon. barack obama dominates. he doesn't delegate. and john kerry will face two major challenges. number one, the cruel and unforgiving world in which america now operates. particularly in the region your
12:35pm
reporter just referred to the middle east april. divided into migraine headaches on one side and root candle on the other. this is a difference functional region in which we're stuck and cannot fix. so that's reality number one. the second is the president. you want to been effective secretary of state? henry kissinger, james baker, you have to persuade your president to let you own a big issue, and that just carry out your policy -- you'll re carrying out the president's policy but you as secretary of state help shape the substance of that policy and that remains to be seen. >> he'll attempt to fill big shoes, and you wondering what the differences will be between nat secretary of state and the current one? >> again, that is going to be driven in large part, i think, by whether or not there are opportunities to pursue, whether or not american diplomacy, the
12:36pm
application of military power can be used wisely, effectively, toward objectives that aren't achievable, and whether or not he can separate the president from fundamentally controlling the policy. look, i worked for jim baker, and baker had a very close relationship with bush 41. baker was carrying out bush's policy, but baker helped shape that policy himself. and that, i think, is the key. will the state department again be relevant to actually implementing the strategy of our foreign policy? >> aaron david miller good of you. thank you. >> pleasure, shep. >> well, great britain today urged all of its citizens to get out of ben georgia circumstance libarch citing an imminent threat to all westerners. brian's foreign office did not give details but at least one
12:37pm
airline, air malta, reported it cancelled flights to ben georgia si after british officials issued the warning there have been many attacks including the attack that killed our ambassador. least week italy withdrew staff after a gun attack on its post-there. >> the smog in salt lake city utah is so bad that some parents are saying they're keeping their kids inside. the environmental protection agency reports the greater salt lake region has the nation's worst air and has for months, because an icy fog is smoking the mountain valleys and trapping lung-damaging soot. local officials are banning wood-burning and calling on people to limit driving. trace, give us an example of what is going on here? >> well, los angeles is often considered to have the worst smog in the country. you take the worst day that los angeles had in two 2011.
12:38pm
salt lake city's air right now is 40% worse than that. the soot level is three times higher than the federal clean air limits allowed. doctors say if you can see it, you don't want to breath it. and look at that. a thick yellow haze. doctors say it's like standing next to someone who smokes. for 24 hours a day. listen. >> it isn't just a matter of it's it's doing something to your lungs. it's actually doing something to virtually every single cell in your body. and that means it's doing something to virtually every organ in your body. so the heart, the lungs, the brain are affected. >> the soot level is below the heavily industrialized cities of china but not by much. and salt lake city has been enduring this for the bet feature and a half months. >> there is a solution? >> well, car emissions are the worst offender. that kind of emission pushes at
12:39pm
least half of the nasty stuff in the air in salt lake city. then you add the factory smoke and the aerosols and the aerosot help. the officials say there if you cannot limit your driving, try to slow down the governor has not declared a health emergency but if the 0 governor does that it could lead to very, very strict cutbacks for the remainder of the winter. it's so cold in salt lake city. the shut down the airport because there was ice on the runway and a plane skidded off. >> well, we have had a bit of an incident now. this is shred you tape just in. two united airlines planes, it is believed, bumped their wings at their gates in dulles. you can see -- this is the airport in virginia, right outside of santelli, virginia.
12:40pm
if they didn't bump it, they're close. these plains will have to stay there a while. this about all the information we have. a near miss or -- i don't know -- a not so near at dulles. >> police say a nanny was the only adult home when a nine-year-old girl suffered -- i should say a one-year-old girl suffered bloody injuries that ultimately killed her, and now we're learning this is not the first time that nanny has faced assault charges. the death of a one-year-old baby, and the william -- the woman who was there at the time. where sleepless nights yield to restful sleep. and lunesta®(eszopiclone) can help you get there. like it has for so many people before. when taking lunesta, don't drive or operate machinery until you feel fully awake. walking, eating, driving, or engaging in other activities while asleep, without remembering it the next day,
12:41pm
have been reported. lunesta should not be taken together with alcohol. abnormal behaviors may include aggressiveness, agitation, hallucinations, or confusion. in depressed patients, worsening of depression, including risk of suicide, may occur. alcohol may increase these risks. allergic reactions such as tongue or throat swelling occur rarely and may be fatal. side effects may include unpleasant taste, headache, dizziness, and morning drowsiness. ask your doctor if lunesta is right for you. then find out how to get lunesta for as low as fifteen dollars at lunesta.com. there's a land of restful sleep. we can help you go there on the wings of lunesta.
12:42pm
to compete on the global stage. what we need are people prepared for the careers of our new economy. by 2025 we could have 20 million jobs without enough college graduates to fill them. that's why at devry university, we're teaming up with companies like cisco to help make sure everyone is ready with the know-how we need for a new tomorrow. [ male announcer ] make sure america's ready. make sure you're ready. at devry.edu/knowhow. ♪
12:43pm
>> 18 minutes before the hour. the police are painting a grump picture of a bedroom of one-year-old girl who died. they found blood on a pillow and blanket and baby wipes and now the nanny faces assault charges
12:44pm
and a murder charge could follow. this happened in cambridge, massachusetts. a neighbor told police she heard the baby crying for nearly an hour, and then what she called extreme crying. so that neighbor knocked on the front door but nobody answered, and ten minutes later, the crying stopped. paramedics rushed the baby to the hospital the same day, her first birthday, and she died two days later. the defense attorney says the nanny played no role in the child0s death but one man who lived nearby said she was trouble. >> watching my dog for an hour. she was an angry, angry person. go off the hinges from, like, zero to 60 in two seconds. >> we're learning a lot more about the nanny's task. jonathan hunt is with us. >> her name is ashbring brady, 34eers old.
12:45pm
from ireland. was in the u.s. illegally since overstaying the visa program. she worked for this particular family for something like six months, but we know that she had had previous run-ins with the law. one assault charge against her. two restraining orders against her. but her attorney says, none of that has anything to do with the way she cared for this baby. listen. >> she is very experienced. never, a child or been alleged to have hurt a child. she would never hurt a child. >> but prosecutors say that this particular baby, one-year-old, had serious head injuries, internal bleeding, hemorrhaging, and several broken bones, shep. >> some of our viewers will remember the case of louise woodward in 1997, a british case. >> a lot of parallels here, not the least of which it took place in the boston area. lewis woodward was a teenage nanny.
12:46pm
she was carrying for eight-month-old matthew ethan. very similar injuries. subdural hematoma was the technical word for the internal bleeding in the brain. lewis wood wavered was found guilty of second degree murder. she appeales that. the conviction was lessened to involuntary man slaughter, and she ultimately was released on time served, which was 279 days. prosecutor in that case, the district attorney, was martha cokely. attorney general for massachusetts. >> let's bring in a family law attorney. jenell, getting the information about previous injuries to this child will be important. >> it is, the question is when they occurred. she has been there six months. so if there's any indication on the investigation that these injuries came prior to that time, obviously, as in louise woodward case that was a big
12:47pm
issue, and could mean a good thing for brady, but the question is going to become, what happened there? there are significant injuries. even if there were prior injuries, they're significant injuries to the child that caused the death, and that's where the defense is going to have a really hard time. >> hemorrhaging, swelling on the brain, mull pel bone -- multiple bone fractures that were healing. >> that's the issue of the timing of those injuriesful they're healing, we can guess they're relatively new, and the defense is doing their best to say, something else could have happened. but she was the only one there at that time. >> the blood all over the place is going to be difficult. >> huge indication of guilt. >> if you're defending this woman, where do you start? >> they're going to start to break down what happened, and what she is claiming is that at the time she put the baby down for a nap, she woke up and the baby had a seizure. apparently this child is also malnourished after she came back
12:48pm
from trips abroad. so they're going point the fingers at the parents. somebody else did it. the hard thing is, how are they going to do with when something happened when she was the only one carrying for the child? >> background checks so many friends with kids and getting a nanny is the biggest -- both parents work you have to have day care or something. background checks, background checks. you have to it. >> that's what is so tragic here. this person had a history. no criminal convictions but restraining orders. where is that information? one was an assault for a -- the two were physical assaults on a boyfriend and another nanny for harassment. so where is that information? >> why wasn't that available. i don't have any way to know if the family even sought that information. >> we don't know that. so a little girl is dead and they're working on it. nice to see you. >> thank you. >> the gun control debate is about to heat up in congress.
12:49pm
today democrats put forward a proposed ban on assault weapons. it's already riling up people on both sides. this is a little brader than anticipated. and later, the proposal to makemakers get a prescription from a doctor before you can light up. a prescription to use a product that kills? shutup.
12:50pm
12:51pm
12:52pm
>> an update out of dulles airport in virginia where two planes appear to have bumped wings. we just got a statement from united that says, upon arriving at the gate, the wingtip or united 951 frock frock -- from brussels, made contact with the
12:53pm
wingtip of a plane at an adjacent gate. there weren't any passengers on the plane parked the gate. the maintenance team is evaluating both aircraft to determine whether there's any damage. so nobody hurt. >> democratic lawmakers took the first step toward banning assault weapons, a move that already has the nra firing back. senator dianne feinstein joins fellow democrats bruising the bill which would ban the purchase of semi automatic weapons with detaching magazine clips and also high capacity magazine. this president vowed to make gun control a priority in his second term of the newtown connecticut massacre. >> still, the bill does face a tough fight in congress and from the nra. and of of president obama's gun
12:54pm
control proposals, analysts say this is the least likely to pass. shawn unanimous with the reasons for that. how confident are lawmakers behind the proposal? >> well, shep, senator feinstein and the other senate and house members who joined here repeatedly said they know this is going to be tough but they believe the newtown tragedy has changed the conversation and the pressure for capitol hill to get something done. here's a bit of what senator feinstein had to say. >> gun laws allow these mass killings to be carried out again and again and again in our country. weapons designed originally for the military, to kill large numbers of people in close combat, are replicated for civilian use. >> the new measure will will the threshold for classifying a gun as an assault weapon and would also require a background check for the sale, transfer, or gifting of any guns that meet that definition. >> this will be a tough fight. >> it will be. a number of senate democrats,
12:55pm
including harry reid and joe mansion, both long-time gun rights advocates have chose thin words carefully, seeming they might be open to consider an assault weapons ban and getting an earful from folks back home and gun rights advocates, including the nra which said this: senator feinstein has been trying to ban gun patrols law-abiding citizen is for decade. it's disappointing but not surprising she is once again focused on curtailing the profession instead of fixing our broken mental health snip. reeducated he may allow the bill to come to the floor but with liberal amendments. >> thanks. >> never too old to quit smoking. that's 2009 big findings of a study publish in the new england journal of medicine. the average smoker will die more than ten years earlier than the average nonsmoker, but giving up
12:56pm
cigarettes at any time will help smokers live longer, and quitting by the age 40 avoids nearly all the excess risk of dying to smokers have. even though smokers over the age of 40 who quit can add several years to their life, the study also found the risks from smoking have caught up with women as well. researchers say women smokers now have a much greater risk of dying now than 40 or 20 years ago. they say that's because women didn't really pick up smoking until after world war ii. smokers in one state could soon need a prescription to buy cigarettes. an oregon democratic congressmanman wants to reclassify cigarettes on the same level asteroids -- steroids
12:57pm
and an athletics. >> a wanted woman targeting a her target? snow-called drivers and sidewalks. the so-called cleaning fairy gets busted again. you won't be able to finish this been again. hang tight. to watch it for us. thank you so much. i appreciate it. i'll be right back. they didn't take a dime. how much in fees does your bank take to watch your money? if your bank takes more money than a stranger, you need an ally. ally bank. your money needs an ally. i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief.
12:58pm
cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is!
12:59pm
i need you. i feel so alone. but you're not alone.